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In some states a petition can be filed by the primary custodian to amend the current custodial order.

The usual procedure is to file a new custody suit/petition in the appropriate state court in the county where the petitioner resides.

Judges are very reluctant to grant sole custody to one parent.

It is generally granted only when the non custodial parent agrees to relinquish their parental rights or a parent is found guilty of abuse and/or neglect and/or endangerment.

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โˆ™ 2015-07-15 20:01:14
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Q: How does a parent who has primary physical custody obtain sole custodial rights?
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Can the parent that has physical custody of the child move to England from the United States?

Not unless they obtain permission from the court that issued the original custodial order.


How old do you have to be to switch from your mother's house in Florida if she has primary custody to your father's house in New York?

If the child has not reached the state's age for emancipation, the custodial parent must agree to the change or the non-custodial parent must petition the court to obtain equal or sole custody rights.


Can a primary custodial parent move a child out of state without the other parents consent?

Not if the other parent has any parental rights. In that case the "primary" parent must obtain the consent of the court through a modification of the custody and visitation orders. It will go more smoothly with the consent of the non-custodial parent.


How can a non-custodial parent obtain full custody of a 13 year child if the child no longer wants to live with the custodial parent because of emotional physical and mental abuse in Florida?

File a motion in the court that entered the custody/support order. You can find the forms for this at the Florida Courts website see links.


I am married but separated from my husband we have a 1 year old child and I have custody with no order What are your legal rights until you get a custody order you live in MN?

You now only have physical custody, but both you and your husband have equal custody rights to the child. That means he has a right to have physical custody too, and will not get into any trouble if he physically takes the child into his care. If you are afraid he might take the child, you will need to obtain a temporary custody order, signed by a judge, to make sure you become the custodial parent. That said, depending on your husband, the longer you have physical custody of the child, the more difficult it will be for your husband to obtain legal custody should you divorce.


Im a Non custodial parent in NY State who wants to obtain full custody of my son who lives in Florida due to the custodial parents negligence with his education and health how can I get full custody?

You need an attorney in Florida who specializes in family law.


How does a father get primary custody if unwed in CA and the judge has authorized only minimum visitation with joint physical and legal custody?

Generally, the order stands until there has been a significant change in circumstances that warrant another review by the court. In order to obtain primary custody the father would need to provide evidence that "primary" custody of the father would be in the best interest of the child and the present arrangement is not.Generally, the order stands until there has been a significant change in circumstances that warrant another review by the court. In order to obtain primary custody the father would need to provide evidence that "primary" custody of the father would be in the best interest of the child and the present arrangement is not.Generally, the order stands until there has been a significant change in circumstances that warrant another review by the court. In order to obtain primary custody the father would need to provide evidence that "primary" custody of the father would be in the best interest of the child and the present arrangement is not.Generally, the order stands until there has been a significant change in circumstances that warrant another review by the court. In order to obtain primary custody the father would need to provide evidence that "primary" custody of the father would be in the best interest of the child and the present arrangement is not.


What is the difference of Parental or custodial rights?

Single fathers have no assumed parental rights, thus the mother has sole custody and control. The must have parental rights first to obtain any type of custodial rights, such as visitation and/or joint custody. see link below


How can I obtain a passport for my child if mother will not sign for one I have primary custody?

Depending on the state, it may only matter if the primary custodial parent's signature is present. If in the legal custodian agreement both parents must agree on travel, it is best to involve a lawyer to have it bypassed if it proves to be necessary.Ê


If you are unmarried and the father of your child does not like your current partner could he obtain primary custody in Pennsylvania?

Not on the grounds cited in the question. The father could petition the court for custodial rights assuming he has established paternity. Unmarried women are presumed under the laws of all US states to have sole custody of their child unless a court rules otherwise. It is possible that the father could obtain joint custody and most assuredly visitation rights, but primary or sole custody would not be likely, even concerning a matter of cohabitation. This would not necessarily be the case for children born out of a marriage.


What are the chances of stepmom getting primary physical custody of a child when father has sole physical custody and stepmom only has shared legal custody and is separated from dad?

There are too many variables to provide an answer. The biological parent would be the primary choice although the court may consider extenuating circumstances such as keeping the child with biological half-siblings. If it is true that the step mother has shared legal custody pursuant to a court order she may also be able to obtain physical custody. You need to consult with an attorney who specializes in custody issues in your jurisdiction.There are too many variables to provide an answer. The biological parent would be the primary choice although the court may consider extenuating circumstances such as keeping the child with biological half-siblings. If it is true that the step mother has shared legal custody pursuant to a court order she may also be able to obtain physical custody. You need to consult with an attorney who specializes in custody issues in your jurisdiction.There are too many variables to provide an answer. The biological parent would be the primary choice although the court may consider extenuating circumstances such as keeping the child with biological half-siblings. If it is true that the step mother has shared legal custody pursuant to a court order she may also be able to obtain physical custody. You need to consult with an attorney who specializes in custody issues in your jurisdiction.There are too many variables to provide an answer. The biological parent would be the primary choice although the court may consider extenuating circumstances such as keeping the child with biological half-siblings. If it is true that the step mother has shared legal custody pursuant to a court order she may also be able to obtain physical custody. You need to consult with an attorney who specializes in custody issues in your jurisdiction.


Who gets custody of an unborn child?

No one apart from the mother can obtain "custody" of a fetus. Custody battles must wait until the child has been born. The biological mother always retains custodial rights to a child when the couple are unmarried, until paternity is established and the biological father petitions the court for custodial or visitation rights.

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